Presently
before the Court is the pre-answer motion to dismiss pursuant
to Rule 12(b)(6) of the Federal Rules of Civil Procedure
(“Rule 12(b)(6)”) filed by Dunn Towers I.
Plaintiff did not file any pleadings in opposition to the
motion. Philippone did not join in Dunn Towers I's
motion.

Dunn
Towers I has submitted an attorney declaration to which is
attached a copy of the amended complaint in Byrd v. Grove
Street Management Corporation and Barbara Manor, LLC,
Civil Action No. 6:16-cv-6017(MAT) (W.D.N.Y.)
(“Grove Street/Barbara Manor”), which is
currently pending before this Court; and a copy of an
judgment signed by County Court Judge James Piampiano on
November 24, 2015 (“the County Court Judgment”),
in an eviction proceeding commenced by Barbara Manor
Apartments, LLC, in Monroe County Court of New York State.
Dunn Towers I urges the Court to take judicial notice of
these pleadings, and contends that they may be considered in
connection with its Rule 12(b)(6) motion.

Upon
reviewing the pleadings filed herein, as well as the
pertinent caselaw, the Court has elected to exercise its
discretion to convert Dunn Towers I's Rule 12(b)(6)
motion to dismiss into a motion for summary judgment pursuant
to Rule 56 of the Federal Rules of Civil Procedure. See
In re G. & A. Books, Inc., 770 F.2d 288, 295 (2d
Cir. 1985) (noting that Rule 12(b)(6) “permits the
district court to consider matters outside the pleadings and
to treat a motion for dismissal as one for summary judgment
provided ‘all parties shall be given reasonable
opportunity to present all material made pertinent to such a
motion by Rule 56'”). In general, the Second
Circuit has explained, “a district court should give
parties specific notice of its intent to convert a motion to
dismiss into a motion for summary judgment.” Green
v. Doukas, 205 F.3d 1322, 2000 WL 236471, at *2 (2d Cir.
2000) (unpublished opn.) (citing In re G. & A. Books,
Inc., 770 F.2d at 294-95).

Courts
have recognized that, in certain circumstances, explicit
notice is not necessary before conversion of a Rule 12(b)(6)
motion, Green, 2000 WL 236471, at * 2 (citation
omitted), such as where the parties “should reasonably
have recognized the possibility that the motion might be
converted to one for summary judgment” and were not
“taken by surprise and deprived of a reasonable
opportunity to meet facts outside the pleading.” In
re G & A Books, Inc., 770 F.2d at 294-95. Here, the
Court finds that in light of Plaintiff's pro se
status, the more prudent and efficient course is to issue an
order explicitly notifying Plaintiff of the Court's
intention to convert Dunn Towers I's Rule 12(b)(6) motion
into a Rule 56 motion for summary judgment.

III.
Phillipone's Answer Is Converted to a Rule 56
Motion

Similarly,
Phillipone's answer reads more like a motion for summary
judgment insofar as it argues the burden of proof in a
discrimination case. It also attaches documents that,
according to Phillipone, show that it did not discriminate
against Plaintiff and is entitled to judgment as a matter of
law. The Court hereby notifies Plaintiff that it is
converting Phillipone's answer into a Rule 56 motion for
summary judgment.

IV.
Conclusion and Orders

For the
foregoing reasons, the Court hereby explicitly notifies
Plaintiff that the Court is converting Dunn Towers I's
Rule 12(b)(6) motion into a Rule 56 motion for summary
judgment. The Court further notifies Plaintiff that it is
converting Phillipone's answer into a Rule 56 motion for
summary judgment. For Plaintiff's reference, the Court is
serving Plaintiff with a copy of the Western District of New
York's Rule 56 Notice to Pro Se Litigants, in
accordance with Western District of New York Local Rule 56(b)
and Irby v. N.Y. City Transit Auth., 262 F.3d 412,
414 (2d Cir. 2001).

Rule
56(c) provides that a motion for summary judgment
“shall be served at least 10 days before the time fixed
for the hearing, ” Fed.R.Civ.P. 56(c), and that the
adverse party may serve opposing affidavits, see id.
Plaintiff is advised that any opposition papers she wishes to
file regarding the converted motions for summary judgment are
due 14 days from the date of entry of this Order.

Dunn
Towers I and Phillipone will have 7 days from the date
Plaintiff files her opposition papers to file ...

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